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Cookie law makes most UK websites illegal: what you need to know
- chalst 15y agoEnforcement has been delayed by a year. See, e.g., http://media.cbronline.com/news/ico-tins-cookie-law-till-next-year-260511 http://media.cbronline.com/news/ico-tins-cookie-law-till-nex... Previously on HN: 1. Stupid EU cookie law will hand the advantage to the US - http://news.ycombinator.com/item?id=2304341 http://news.ycombinator.com/item?id=2304341 2. Europe's war on cookies http://news.ycombinator.com/item?id=2535837 http://news.ycombinator.com/item?id=2535837 The discussions here on HN were more useful, I think, that the linked stories.
- benjash 15y agoICO is literally a mile from house. Might pop round with some cookies.... a present for crippling UK industry. Its not like where running behind already. Lets just nail that coffin fully shut.
- chalst 15y agoBe friendly when you deliver the cookies: the ICO is trying to do its best with vague legislation - they don't get to decide how the courts will interpret the legislation.
- yahelc 15y agoBe sure that they're made aware of what's in your cookies, and have given full consent to receiving them.
- nkassis 15y agoyeah, they might arrest you for 90 days and figure out if they are spiked with poison or something. I'd suggest not doing it ;p
- sp332 15y agoI hope UK websites don't start working like this: http://www.davidnaylor.co.uk/eu-cookies-directive-interactive-guide-to-25th-may-and-what-it-means-for-you.html http://www.davidnaylor.co.uk/eu-cookies-directive-interactiv... (Don't click the checkbox, read the texts and keep clicking OK)
- ehutch79 15y agoSo this law was passed without any technical solutions in place what so ever? It seems they completely ignored the tech community on this. http://www.bbc.co.uk/news/technology-13541250 http://www.bbc.co.uk/news/technology-13541250
- chalst 15y agoI think it was not so much that the community was ignored, but that the law was passed under unusual circumstances: usually the lobbyists inform the legislators, who defer to industry on the specifics. Here the lobbyists mostly hated the legislation, but legislators were more responsive to privacy activists because of widespread public concern. So the law is a triumph of democracy over technocracy. And I think that's reflected in the legislation. The principles are OK, but the detail does not match up with practice. Hence the law is some way from being something workable. It is well worth reading the ICO report: http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/~/media/documents/library/Privacy_and_electronic/Practical_application/advice_on_the_new_cookies_regulations.pdf http://www.ico.gov.uk/for_organisations/privacy_and_electron...
- yuhong 15y agoYea, I think the problem here is lack of technical competence of legislators.
- extension 15y agoAh, judging by that report, the law really seems quite reasonable. Basically, if the user explicitly requests some functionality, like creating an account or saving a preference, and you need a cookie to do that, you don't have to ask permission to set it. If you want to do anything else with the cookie, you have to get informed consent and the practical way to do that is by making it part of the request e.g. adding an explanation and checkbox to the signup or preferences page. Naturally, the more you want to do with the cookie, the more you have to explain to the user. So effectively, you get to track users in exchange for their engagement with your site, and you have to (gasp) tell them exactly how you are tracking them.
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- benjash 15y agoCurrently I have the freedom as a user to opt out of all cookies. But when & if this law even comes into play I wont be able to opt out of the endless pop-ups asking me to enable cookies. I'm all for protecting user privacy, yet its not a problem. Most users understand how to use 'private browsing'. Yet a lot will be puzzled why a website wants cookies? This will massively cripple the EU online industries. I'm shocked at the lackluster response from the industry it self. Additionally the law is both overly specific and vague. It seems to pick out certain technical functions yet state a vague and broad solution. Plus the laws fails to stop any really bad forms of tracking.
- mgkimsal 15y agoYou certainly have the freedom as a user. However, imo, what's been missing since day 1 is any sort of moderately understandable UI for controlling this. Most people understand the basics of bookmarking. If we had some browser UI with 3 or 4 lights (red/green/yellow, etc) that we could click to allow some or all cookies on a per site basis, people would have a sense of control over all this stuff (just like they do bookmarking). The problem comes in when 'cookies' are intermingled with the word 'privacy', and control over that is typically buried multiple levels away in swathes of technomumbo. http://gyazo.com/77a1c905b6477b10f6ee71e760075db3.png http://gyazo.com/77a1c905b6477b10f6ee71e760075db3.png ^^^^ That's listed in 'under the hood', which non techies would probably shy away from. Even if I go there, I have to 'manage exceptions' and decide whether to 'block third party cookies from bet set' (while at the same time having to ignore exceptions if I want to block third party cookies). I know this stuff inside and out and it's confusing to me. I understand the geek need for 'low-level controls to tweak everything how I want it!' but for goodness' sake - if we have a few up-front always visible controls in a user-friendly manner, the EU ministers could block cookies all day long, understand how to do it, and understand anyone else could do it too. It would not have the appearance of the black magic it does now.
- waqf 15y agoWell, your example's from Chrome which has the worst options management ever. Quick, is cookie management part of "Basics", "Personal Stuff" or "Under the Hood"? Or maybe it's not in any of those at all, but in the spanner [wrench] icon dropdown? Is there any setting you might want to change for which it's clear which of those categories is most appropriate?
- ehutch79 15y agoQuestion, does this affect websites hosted in america (the continents) who might have UK based visitors?
- benjash 15y agoThis hasn't been clarified yet. Some people think it may effect all EU traffic. Seems like we might having a tracking paradox.
- ehutch79 15y agoRight? especially where you can no longer really trust ip based geolocation now that we've run out of ipv4 address, and they're allowing single address trading. What you could once reasonable guess was a us address based on the ip block, may now actually be owned by a uk organization.
- ehutch79 15y agoalso, does this law just affects sites hosted physically in the uk? if a site is on a server in the us, does that avoid it?
- Isofarro 15y agoAs far as I understand, from an off-hand chat with a lawyer last year, UK law applies to businesses that have a record or filing in Companies House. http://www.companieshouse.gov.uk/ http://www.companieshouse.gov.uk/
- modernerd 15y agoIn response to step 3, "decide what solution to obtain consent will be best in your circumstances", there's a discussion on ux.stackexchange related to potential methods for obtaining consent: http://ux.stackexchange.com/questions/7318/what-ux-solutions-are-there-for-the-eu-cookie-legislation http://ux.stackexchange.com/questions/7318/what-ux-solutions...
- chalst 15y agoOh, good link. I've been toying with not explicitly asking for consent, but prominently displaying the fact that data gathering is taking place with an icon, along the lines of the cookie monster eating tracking data. Clicking on the icon pops up a control that explains what tracking I'm doing, the usability consequences of switching off tracking, and gives an off switch for tracking. The off switch is implemented by another cookie, but since this cookie isn't tracked (i.e., I don't store any data about the cookie on my machine), it isn't covered by the privacy law. This seems in keeping with the spirit of the guidance on p8 of the FCO report: http://www.ico.gov.uk/for_organisations/privacy_and_electronic_communications/~/media/documents/library/Privacy_and_electronic/Practical_application/advice_on_the_new_cookies_regulations.pdf http://www.ico.gov.uk/for_organisations/privacy_and_electron...
- 5h 15y agoas idiotic and frustrating as this is, I find it amusing to note this includes direct.gov.uk, edit: the ICO's website now has a horrific warning at the top of it, which it didn't yesterday. edit2, ICO's website has google analytics & an asp.net session ID yet their warning states "One of the cookies we use is essential for parts of the site to operate and has already been set." this would lead me to think that a cookie for a session key "essential" therefore admissible? ...
- benjash 15y agoNeed troops people. Anyone against this new cookie law please join this page. Need to spread the word. http://www.facebook.com/pages/This-EU-cookie-takes-the-biscuit/189425797771259 http://www.facebook.com/pages/This-EU-cookie-takes-the-biscu...
- charlesmarshall 15y agohave you setup a petition? - http://petitions.number10.gov.uk/ http://petitions.number10.gov.uk/
- Facens 15y agoAt iubenda we are working to solve this problem once and for all, by embedding a simple widget which provides a small popup for allowing the unnecessary cookies. We are working with our lawyers for designing an opt-in which is service-based, so that you need to "allow" Google Analytics just once for any website. Stay tuned, we are working hard for fixing this issue.
- plainOldText 15y agoRejoice while you still have time people cause the internet as we know it today will be no more. With so many attempts to alter the internet's status quo, is hard to believe none of them will go through. I dont want to sound pesimistic but I believe is the truth whether we like it or not. Things are about to change, for worse imo and most people are quite indifferent.
- Luyt 15y agoIndeed, it is time to write off the Web. I didn't like the Web anyway; I was happy back in 1991, with email, usenet, FTP, Archie, Gopher and Veronica. That was all we needed. The early Web looked interesting at first, but after a few years it became quickly overwhelmed by commercialism. The past years have even been worse, with the big-brotheresque webtracking of individuals and the erosion of online privacy. I wonder what will appear when the Web finally has become unusable.
- Hisoka 15y agoThis should be an entrepreneurial opportunity for someone.
- mrschwabe 15y agoPeter Thiel was on to something.... "We need to figure out a way to escape from it (politics)". Shit like this is a reminder that we don't have much time.
- tomelders 15y agoSlightly over egging the pudding with the headline I think. The government has stated that they wont be enforcing this law until they've figured it out themselves.
- woodall 15y agoIn other articles I have read mention of allowing the user to opt in via the browser: For example the directive suggests users can express consent through the use of browser settings, whereas the ICO guidance states, "At present, most browser settings are not sophisticated enough to allow you to assume that the user has given their consent to allow your website to set a cookie… We are advising organizations which use cookies or other means of storing information on a user’s equipment that they have to gain consent some other way." http://www.clickz.com/clickz/news/2073597/cookie-law-creates-confusion-eu http://www.clickz.com/clickz/news/2073597/cookie-law-creates... This would be pretty easy to do with an extension and something like OnePass or OpenAuth. My issue with that solution is the centralization. I like having multiple passwords, however, I also like having everything blacklisted and making the user whitelist websites. We are still waiting on over half the EU to say that they will implement this. Can't wait to see what interesting ideas spring up.
- eiji 15y agoWhat am I missing? Example 1: Amazon uses a cookie to keep track of login and a shopping cart. -> No popup since they are essential. Example 2: foobar.blog.com uses cookies to track me (ad-banners and analytics). -> Popup to ask for my consent for those "useless" cookies. Now I understand that the "useless" is somewhat debatable, but I very much welcome the discussion. This is not about breaking the web, and postpone this law is a good idea, but I look forward to start cleaning up the cookie mess. "Do not track" and "don't accept third-party cookies" get's us half the way, but since the web-industrie does not react to the european pursuit for high privacy standards, it might be a good time to suggest some laws to create pressure. What law would I suggest? Primary cookies (example 1) are okay without a popup, secondary cookies (example 2) either expire on the same day, or need a popup to ask for permission to stay on my computer for longer than a day.
- dangrossman 15y agoHow many sites have Google Analytics or something similar? I would argue that analytics are as essential to the operation of an online business as shopping carts. Allowing a large portion of your website users to opt out of analytics effectively cripples you compared to competitors based out of countries without these restrictions.
- eiji 15y agoFair enough! But let's separate between session-specific analytics, and lifetime analytics. As a person concerned about privacy, I don't care much about "your" analytics about click-through and how long I stay on your site and what I click and what not, this is session specific, and helps you with your business. However, this should be possible with "one-day" cookies. You don't need to know that I was on your site a week ago, and that I happen to leave your site with a full cart for some reason, or that the last banner with food did not work on me, so this time you'll try the car-banners.
- dangrossman 15y agoSo you think that MixPanel, KissMetrics, Google Analytics and all the other advanced analytic services provide no essential value to both the site owner and the public? A/B tests last more than a session (if you return to the site 30 minutes later after doing some research, you want to see the same site, right?). Cohort analysis requires tracking how people use your website for months or years to see the effect of changes on long-term activity and customer retention. Simply tracking the effectiveness of your own advertising efforts (how many and which campaigns contributed to this sale? what's the lifetime value of a customer from this source?) requires multi-session tracking. Many purchases happen days or weeks after someone initially clicked an ad leading to your site. Now it's possible to do some of that kind of analysis without cookies, but it requires you building and running all the tracking and reporting on your own server. To expect even a tiny fraction of the site owners that can currently plug into KissMetrics/MixPanel/Google Analytics/Optimizely/etc. to build out the same capabilities in house is absurd. None of this has to do with serving customized ads to you, yet you are arguing that companies in the UK should not be able to do any of that, and they won't be at a disadvantage compared to the rest of the world?
- ChrisArchitect 15y agothis has got me a bit confused and the absurdity of trying to put a blanket policy on something as global as the net and something somewhat not-geo-specific as domains and sites, confounds me they should start by banning foreign hosting of uk ccTLDs...
- Andrew_Quentin 15y agoCan't we all just ignore it? What are they going to do? Send us all to prison?! The law is based on consent. Social Contract. All of that...
- spjwebster 15y agoIgnoring this law means ignoring the privacy concerns of your users. If you're happy with that, you're part of the reason this law was introduced in the first place.
- Andrew_Quentin 15y agoWhat privacy concerns? That they came to a site and stood around for 4 minutes and read some article? Are my users concerned to go out too, and of their dress, and is that privacy also? How would they like it if the first greeting in a shop was, Hello, we are watching you, we are here to serve you, and take as much money as we can from you. Why do they not go after the people who actually do the tracking? Why do they not impose a legal obligation on google and ad agencies to not track, or on facebook or whatever. Why go after thousands of people. Not everyone is a programmer. Many website owners have no clue what a cookie is, which one is essential or otherwise, how to not store cookies, or delete them, etc. The end effect is then that the web stops being free from all. The cooperation, with the resources to abide to such laws, once again take control. The man on the street can not any more simply get a template from some website and put some ads on it. He needs to pay some programmer which he probably can not afford. What user has been hurt? What privacy has been infringed? What have we found out about anyone which was previously secret? This is about control. Nothing else. As such, the people will do what they do best when met with ridiculous and far reaching laws, ignore them. Let them arrest us all!
- spjwebster 15y ago> Why do they not impose a legal obligation on google and ad agencies to not track, or on facebook or whatever. They do. As I understand it, this law applies just as well to the likes of Google, Yahoo and Facebook as it does to the sites that host their ads. There is some ambiguity over exactly who is responsible for gaining consent for 3rd party cookies — ICO have stated that this is a complicated area and more guidance may be forthcoming — but my approach is that I can't trust these third parties to cover my arse so I'll do it myself.